Sleep apnea decisions — 2014

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is secondary to his service-connected conditions, including major depression, failed neck syndrome with degenerative joint disease and right C-5 radiculopathy, acromioclavicular sprain of the right shoulder with Mumford procedures, right knee chondromalacia and left knee chondromalacia.

The Board has determined that the Veteran's current obstructive sleep apnea was incurred during service and grants service connection for this condition.

The Board has determined that there is not sufficient evidence to establish a nexus between the Veteran's sleep disorder and his service or any service-connected condition, including his deviated nasal septum. As such, the claim for service connection is denied.

The Veteran's service-connected lumbosacral strain has been granted an initial rating of 20 percent, effective from September 1, 2010. Additionally, a separate rating for left lower extremity radiculopathy affecting the femoral nerve is warranted.

The Board found that the Veteran did not have a disease or injury related to erectile dysfunction or sleep disorders during service, and there is no evidence of such conditions until decades after service separation. The claims for service connection were denied.

The Board denied the Veteran's application to reopen her claim of service connection for depression and found that she did not meet the criteria for a higher evaluation for urticarial pigmentosa. The Veteran was granted a 30 percent evaluation for urticarial pigmentosa as of April 2, 2009.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, as well as his claim for a TDIU prior to May 19, 2011.

The Board has remanded the case for further development, including obtaining a VA examination to determine if there is a nexus between the Veteran's military service and his current sleep apnea.

The Board has reopened the claim for service connection for sleep apnea due to new evidence received since the last final denial in 2006. The Veteran's PTSD is rated as 10 percent disabling from October 12, 2004, and higher ratings are not warranted based on current symptoms. Ratings of 10 percent are assigned for neuropathy of the right and left lower extremities since February 7, 2011, and effective May 14, 2012, respectively. The low back disability is rated as noncompensable from September 15, 2006, but higher ratings are not warranted based on current symptoms.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Board has granted service connection for obstructive sleep apnea, and the Veteran's other eye disorders and sinus disorder are also now considered service connected.

The Veteran's service-connected lumbar spine DDD was not manifested by unfavorable spinal ankylosis or incapacitating episodes prior to August 15, 2014. Since then, the evidence does not meet the criteria for a higher evaluation.

The Board has determined that the effective dates for service connection of tinnitus and sleep apnea cannot be earlier than May 11, 2010, as there was no prior claim within one year after separation from service. The appellant's claims were received on May 11, 2010.

The Veteran's appeal is remanded due to the need for a new VA examination and for issuance of a statement of the case regarding his claims of service connection for sleep apnea, frostbite injury of the right toe, right shoulder injury, and heart murmur.

The Veteran seeks service connection for lumbosacral spine degenerative disc disease and degenerative joint disease with radiculopathy. The Board has determined that a remand is necessary to obtain an addendum opinion from the VA examiner regarding the etiology of the Veteran's current chronic lower back pain.

The Board has denied the Veteran's claims for service connection for tinnitus and sleep apnea, finding that there is no evidence of a current disability related to military service.

The Board denied service connection for a left shoulder disorder, lumbosacral spine disorder, and right ear hearing loss due to lack of evidence linking these conditions to service.

The Veteran's claims for PTSD, TBI, low back disorder, and residuals of a right hand fracture have been granted. The claim for an eye disorder was withdrawn by the Veteran.

The Veteran's tinnitus is found to be service-connected, and the claim for a higher rating of his left ankle strain is remanded for further development. The remaining claims are dismissed as withdrawn.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, effective May 4, 2008.